Mahitosh Majumdar, J. - (1.) This writ petition is directed against the office order dated 15th January, 1982/21st January, 1982 issued by the Director of Primary Education, West Bengal. The relevant portion of the said order, at contained in Annexure 'D' to the writ petition, reads thus:- "In the interest of public service the following Principles/Lecturers/Craft Teachers/Hindi Teachers of Government Junior Basic Training Institutes are hereby transferred to the post noted against each in the same service with the same scale of pay with immediate effect:- JUDGEMENT_51_LAWS(CAL)4_1987.html 2. Principal, Balurght/Taranagapur Govt. Jr. B. T. Institute for information and necessary action. The incumbent concerned should be released immediately under intimation to this office. As regards the case of Principal further communication will follow."
(2.) The facts of the case may be stated as follows:- The petitioner belongs to Scheduled Caste which is the weaker section of the community. The Government Junior Basic Training Institute (For short the said Institute hereafter) imparts training to the primary teachers and is a residential institute. By an order dated 6/9 August, 1978 the Director of Public Instructions, West Bengal, appointed the petitioner as a Principal of the said Institute Junior Basic Training Institute, P.O. Kamarpara, in the District of West Dinajpur in the scale of Rs. 376-15-415-610-20-650 (Efficient bar after 8th and 16th stage) with a special pay of Rs. 50/- per month plus allowances as admissible under the rules. Consequent upon the issue of the said letter of appointment the petitioner joined the said institute as a Principal. In the said letter of appointment it was specifically mentioned that the then Lecturer-in-Charge would go down to his substantive post of Lecturer and hand over charge of the Principal to the petitioner. Respondent No,4 at the material time was acting as a Lecturer-in-Charge of the said Institute. The Respondent No. 4 duly handed over charges of the Principal to the petitioner. After his taking over the charge, The Respondent No. 4 took up an attitude of non-co-operation with the petitioner and started to find fault with the petitioner, and also started fomenting the students and others against the Principal, i.e,. the petitioner. Since 2nd January, 1979, the petitioner has been discharging the duties and functions as a Principal and effected considerable improvement in the affairs of the Institute.
(3.) The relevant policy of the Government is that the Principal of the Government Junior Basic Training Institute will not be transferred before the expire of five years from the date of joining the said post. In the instant case, the petitioner alleged that five years' period at the material time did not, expire. But the District Inspector of Schools (Primary Education) West Dinajpur issued the Office order impugned in this writ petition. It has been mentioned in Annexure 'D'as regards of the Principal that further communication will follow. As regards further communication, no order was served on the petitioner till the time when the writ application was moved. The petitioner had predicaments prevailing in his family and made a representation to the Respondent No. 1 on 2nd February, 1982. It was submitted that the wife of the petitioner at the relevant time was suffering from certain ailments and pursuant to the advice of the Doctor she should not be removed because of her physical weakness. Other ground, inter alia, was that the son of the petitioner was admitted in Class VI in a School at Balurghat. Under the circumstances, a prayer was made that the case of the petitioner be considered' and to keep the order of transfer in abeyance for one year only.;